PRACTICE AREAS   > LAND USE & ZONING

Business and Corporate | Construction | Real Property | Appellate | Litigation and Dispute Resolution | Land Use and Zoning

In our Land Use & Zoning Practice Area we assist property owners, developers and investors to assess, preserve, enhance and defend the value of property through due diligence investigations, local government approvals and permits, and representation in connection with violations. With an astute understanding of applicable regulations and the ability to navigate local government processes, we help our clients to use and develop property in the way that they want, and in the most profitable way possible.

Due Diligence Investigations

We provide a thorough investigation and analysis of all the regulations, approvals, covenants and agreements that govern the use and development of the property – items which are not usually uncovered in a title search.  If desired, we will then consolidate this information in a Land Use and Zoning Evaluation Report with our analysis and recommendations.   Such a report can answer numerous property related questions, including, but not limited to the following:

• Do existing uses and structures on the property comply with existing zoning and land use classifications/regulations/approvals/agreements?
• If uses and/or structures do not comply with relevant classifications, regulations, etc., are such uses and/or structures legally nonconforming?
• What are the restrictions on renovation and rebuilding nonconforming structures, both after voluntary demolition and as a result of a catastrophic event?
• Does the property lie within a Development of Regional Impact or a special overlay district?
• Does the property have the required permits, approvals and licenses to allow for operation of current use?
• Are there any zoning, building, code and/or fire violations on the property?
• Are there any open, active and/or expired permits on the property?
• Are there any pending or anticipated local government regulations that might increase or decrease the value of the property?
• In light of the current scheme and client’s business objectives, what are potential deal breaking and deal enhancing issues?  What are ways to minimize liabilities and/or increase the value through creative negotiation, approvals, permits and/or licenses?

Local Government Approvals, Permits & Licenses

We represent our clients in obtaining local government approvals, permits, and licenses whether before a Zoning and Planning Board or Commission, or, if possible or applicable, administratively without a public hearing.  Such approvals, permits and licenses allow for more uses, increased development rights, the legal operation of more intense uses and overall more flexibility regarding development on the property. Examples include:

• Rezonings;
• Comprehensive plan amendments;
• Variances;
• Special exceptions;
• Conditional/Special use permits;
• Text amendments;
• Historic preservation;
• Site plan approval;
• Occupational licenses; and
• Environmental permits (local, state).

Violation Related Issues

Whether you need assistance in assessing the current zoning, building, code and/or fire violations on property or you need representation at a local government hearing regarding an existing violation and/or fine, we are here to help in the following ways:

• Assessment/analysis of all local government violations on property; and
• Representation at compliance and/or fine mitigation hearings before Code Enforcement Board or Special Masters.

Additional Services

Some additional land use/zoning services we can provide include:

• Development Agreements;
• Zoning Confirmation Letters (from local government);
• Unity of Title or Covenant-in-Lieu of Unity of Title;
• Water and Sewer Agreements;
• Easement Agreements;
• Concurrency and Impact Fee assessment/analysis; and
• Development of Regional Impact analysis/Binding Letter of Vested Rights.

Business and Corporate | Construction | Real Property | Appellate | Litigation and Dispute Resolution | Land Use and Zoning